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Home My WebLink Aboutordinance.council.001-81FO~&E 5~ C.F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. / (Series of 198i) AN ORDINANCE ESTABLISHING A COMMERCIAL CORE AND LODGING AREA COMMISSION UNTIL DECEMBER 31, 1985, DESCRIBING THE COMPOSITION, TE~M AND QUALIFICATIONS OF COMMISSION MEMBERS: THEIR POWERS AND DUTIES, PROVIDING FOR APPEALS BY P~SONS AGGRIEVED BY ACTIONS OF THE COMMERCIAL CORE AND LODGING AREA COMMISSION AND ESTABLISHING RULES OF PROCEDURE TO BE FOLLOWED BY THE COMMERCIAL CORE AND LODGING AREA COMMISSION IN EXERCISING ITS FUNCTIONS WHEREAS, the City Council wishes to define and constitute a Commercial Core and Lodging Area Commission making it a commission to make eligible for appointment persons who need not be residents but who, by their interest in and concern for Aspen's commercial core and lodging area, present the most viable candidates for Com- mercial Core and Lodging Area Commission appointment, WHEREAS, the City Council wishes to define and establish the geographic area that this Commercial Core and Lodging Area Commis- sion should address as that area enclosed by Dean Street, Monarch Street, Spring Street and the alley north of Main Street; the Lodge and Lodge 1 Zones at the base of Aspen Mountain; and that portion of the Ute Avenue area that is primarily devoted to lodg- ing, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: Section 1. Establishment of Commission. That there is hereby established the Commercial Core and Lodging Area Commission for the City of Aspen, Colorado, for a term of five years or December 31, 1985, whichever shall first occur. Nothing herein shall prevent the re-establishment of said Commission on or after December 31, 1985, by appropriate action of the City Council at its election. Section 2. Composition; Term; Qualifications. The Commission shall be constituted as follows: (a) The Con~ercial Core and Lodging Area Commission shall consist of five (5) members. In order to preserve a RECORD OF PROCEEDINGS 100 Leaves balance in the membership profile of the Commission, preference should be given to applicants who would maintain a membership including one representative from the Aspen Lodging Association or Condominium Manager's Association, one representative from the merchant community, one representative from the Aspen Chamber of Co~erce, one representative from the Pitkin County Parks Association and one representative "at-large". (b) Ail original appointments shall be for a period of two (2) years (or the balance of the term of the commission, whichever is less), and made by the City Council. Nothing herein shall be construed to constitute an extension of the term of the Commission beyond that provided in Section 1 hereof. (c) All members of the Commission shall serve at the pleasure of the City Council and may be removed by a majority vote of the whole City Council. There shall be no restraint upon the number of terms any member of the Commission may serve. (d) No member of the City Council, Mayor~ City employee, nor any appointed official shall serve on the Commercial Core and Lodging Area Conunission. (e) In order to provide City staff expertise and experience to the Commission and to encourage direct co~]m~unication with the community~ the City Engineer, City/County Plan- ning Director, Parks Director and Police Chief shall serve as ex-officio members of the Commission. Nothing herein shall be construed to permit any of the above staff members to vote on matters decided by the Commis- sion. (f) There shall be imposed no age or residency requirement for membership on the Commercial Core and Lodging Area 2 FORM 5O C.F. HOECKEL B. B. E L. CO. RECORD OF PROCEEDINGS 100 Leaves Commission, nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. The Commercial Core and Lodging Area Commission shall have the following powers and duties, all of which shall be exercised subject to the laws of the state and municipality~ with appropri- ate conditions and safeguards, and in accordance with the public interest and the most beneficial development of the Aspen Con~er- ciai Core and Lodging Area; (a) To advise and recommend further development and imPle, mentation of plans and programs for the commercial core and lodging area such as circulation, parking, side- walks, landscaping, lighting~ signing, grahicsv alley improvements~ public transit, and improvement to ex is t- ing mall areas; (b) To develop and recommend methods of funding the above plans and programs, by~ for example, exploring and considering special assessment districts~ local matching fund programs~ capital improvement fund programs and state and federal grant programs; (c) To develop incentives for participation in and imple- mentation of commercial core and lodging area programs; (d) To develop and review programs that various groups may sponsor to promote the commercial core and lodging area as a whole; (e) To administer the "Aspen Streets cape Guidelines" and the City Ordinance adopting these guidelines; (f) Upon referral by the City Council, to review and recom- mend approval or disapproval of special uses and pro- grams using downtown streets~ sidewalks or malls; (g) To recommend to the City Council such new legislation as it may deem in harmony with its function and the matters given to it for administration, and also to recommend 3 FORM fo C.F. HOECKEL B. B. ~ L, CO. RECORD OF PROCEEDINGS 1 O0 Leaves revisions of existing legislation affecting the commer- cial core and lodging area's condition~ development and administration, as it shall deem advisable for the pro- tection of the public health, safety and welfare; (h) To Perform such other duties as the City Council may from time to time by ordinance or otherwise impose upon it. Section 4. Appeals. Any person aggrieved by any action of the Commercial Core and Lodging Area Commission may appeal such decision or order to the City Council within thirty (30) days from the date of the decision or order appealed from. An appeal is perfected by filing notice thereof with the City Clerk. Such notice shall contain an appro- priate reference to the decision or order appealed from, and a duplicate copy of the same shall be forwarded by the City Clerk to the Chairman of the Commercial Core and ~Lodging Area Commission. If the City Council fails to provide the remedy prayed for, or any person is otherwise aggrieved by the action of the City Council on appeal, such person may appeal the action within thirty (30) days thereof in a court of record of competent jurisdiction. Review Shall not be extended further than to determine whether the Commercial Core and Lodging Area Cor~lission or City Council has exceeded its jurisdiction or abused its discretion. Section 5. Rules of Procedure, Generally. A quorum for the transaction of business of the Co~m~ission shall consist of four (4) of the members. The Commission shall establish regular meetings and special meetings may be called by the secretary of the Co~m~ission on the request of the Chairman or any two me~[bers, on at least twenty-four (24) hour written notice to each member of the Com~ission provided that a sPecial meeting may be held on shorter notice if all members of the Commission are present or have waived notice thereof. No business shall be 4 FOR~4 lO C.F. HOECKEL B. B. ~ L. CO, RECORD OF PROCEEDINGS 100 Leaves transacted at any special meeting unless it has been stated in the notice of such meeting. Ail regular and special meetings of the Commission shall be open to the public except for executive (closed door) meetings as are permitted by law. Citizens shall have a reasonable oppor- tunity to be heard and all minutes and other records of actions of the Commission shall be made available to the public. The Conunission shall adopt by-laws for the conduct of its business not inconsistent with this ordinance and shall adopt such rules of procedure as it deems necessary. Section 6. Severabilit¥ ~ If any provision of this ordinance or the application thereof to any person or circumstance is held invalid~ such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are declared to be severable. Section 7. Public Hearinq, A public hearing on the ordinance shall be held on the of ~~t/~ , 1981~ at 5:00 P.M. in day the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the /~4~-~ day of H~n~a n Edc~l · ~ ,~ · ~4ayor Kathryn 'S i~K'°cm ~-' City~' Clerk 5 FOR~ lo C.F. HOECKEL B, B. 8~ L. CO. RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, pasSed and approved on the ~ day of , 1981. Herman Edei Mayor ATTEST; Kathf]n~' S · ~och City Cierk~ ×/